City Council

City Council Agenda City Hall, 9001 W. 62nd Street January 10, 2022 - 7:00 PM If you require any accommodation (i.e. qualified interpreter, large print, reader, hearing assistance) in order to attend this meeting, please notify the Administrative Office at 913-322-5500 no later than 24 hours prior to the beginning of the meeting. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE II. ROLL CALL III. PUBLIC ITEMS Members of the public are encouraged to use this time to make comments about matters that do not appear on the agenda. Comments about items on the regular agenda will be taken as each item is considered. Please note: individuals making Public Comments will be limited to 5 minutes. In accordance with the Governing Body Rules of Procedure, the City reserves the right to refuse Public Comments that are personal, impertinent or slanderous. IV. CONSENT AGENDA All items listed under the heading are considered to be routine by the City Council and may be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which case that item will be removed from the Consent Agenda and considered separate. 1. Consider approval of the minutes of the City Council meeting held December 13, 2021. City Council - Dec 13 2021 - Minutes - Pdf V. MAYOR'S REPORT 1. 4th Quarter 2021 Employee Service Awards Memo - Employee List - Pdf VI. COUNCIL ITEMS 1. Consider a Resolution approving the execution and delivery of an agreement to release and assign the City's opioid claims to the Kansas Attorney General and certifying costs attributable to substance abuse and addiction mitigation in excess of $500. Item Information Form - Resolution to Release Opioid Claims - Pdf VII. STAFF/INFORMATIONAL ITEMS 1. January CIP Update Memo - January CIP Update - Pdf 2. Approve scope of services and cost with the Orrick Law Group for the right- of-way acquisition services for the 55th Street improvements. Item Information Form - Approve scope of services and cost for the Right of Way acquisition for the 55th street improvements. - Pdf 2040 Transportation Improvements 3. Finance Report November 2021 VIII. EXECUTIVE SESSION 1. Executive Session for consultation with legal counsel to discuss potential development. (K.S.A. 75-4319(b)(2) IX. ADJOURNMENT Respectfully submitted, Juliana Pinnick City Clerk  MINUTES City Council Meeting City of Merriam, Kansas Monday, December 13, 2021 7:00 PM City Hall, 9001 W. 62nd Street I. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Bob Pape called the meeting to order at 7:00 pm. II. ROLL CALL Council Present: Staff Present: Bob Pape Juli Pinnick, City Clerk Jacob Laha Jennifer Jones-Lacy, Assistant City Administrator Jason Silvers Chris Engel, City Administrator Amy Rider Bryan P. Dyer, Community Development Director Whitney Yadrich Bryan Dehner, Fire Chief Chris Evans Hands Donna Oliver, Finance Director Bruce Kaldahl Jim MacDonald, Public Works Director Staci Chivetta Jenna Gant, Communication/Public Engagement David Neal Manager Anna Slocum, Parks and Recreation Director Darren McLaughlin, Police Chief Ryan Denk, City Attorney III. COUNCIL ITEMS 1. Consider approval of the minutes of the City Council meeting held November 22, 2021. Councilmember Neal made a motion that the council approve the minutes of the November 22, 2021 City Council Meeting. Councilmember Hands seconded and the motion was unanimously Carried. Mayor Bob Pape thanked outgoing councilmembers Brian Knaff and Scott Diebold for their years of service to the city. 2. Installation of new Governing Body members. City Clerk Juliana Pinnick administered the oath of office to councilmember Christine Evans Hands, Jacob Laha, David Neal, Amy Rider and Mayor Bob Pape. Page 1 of 7 City Council Minutes – December 13, 2021 3. Election of Ward 4 Councilmember Staci Chivetta, 5541 Goodman introduced herself to the council and provided a brief background of her qualifications and experience. Ms. Chivetta answered the following three standard questions: 1. What do you think is the most important issue facing the city in the next two years? 2. What skills or talents would you bring to the City Council? 3. Do you have any closing comments for the council to consider? Billy Croan, 6636 Wedd St. introduced himself to the council and provided a brief background of her qualifications and experience. Mr. Croan answered the three standard questions. Louis Lambert, 9021 W. 65th Dr. introduced himself to the council and provided a brief background of her qualifications and experience. Mr. Lambert answered the three standard questions. With the interviews concluded, the council cast their votes by written ballot for two candidates, narrowing down three candidates to two candidates. The City Clerk announced the following vote count. Staci Chivetta 7 Billy Croan 6 Louis Lambert 1 Staci Chivetta and Billy Croan advanced to the next round of voting. The final vote resulted in Staci Chivetta, 6 votes; Billy Croan, 1 vote, thus electing Staci Chivetta to fill the vacant unexpired term for Ward 4. IV. PUBLIC ITEMS Members of the public are encouraged to use this time to make comments about matters that do not appear on the agenda. Comments about items on the regular agenda will be taken as each item is considered. Please note: Individuals making Public Comments will be limited to 5 minutes. In accordance with the Governing Body Rules of Procedure, the City reserves the right to refuse Public Comments that are personal, impertinent or slanderous. V. MAYOR'S REPORT 1. Mayor Bob Pape provided an overview of training and activities councilmembers recently attended. VI. PUBLIC HEARING-PUBLIC HEARING TO CONSIDER AMENDING THE I-35 DISTRICT PLAN Page 2 of 7 City Council Minutes – December 13, 2021 1. Consider approval of an ordinance making certain findings and authorizing an amendment to the District Plan for the I-35 Redevelopment District. Community Development Director Bryan Dyer provided the background for this item. In August 1994, the City of Merriam established a Redevelopment District, now known as the I-35 Redevelopment District, and adopted a district plan identifying proposed redevelopment project areas within the District. The district plan generally identified the improvements to occur within each project area. Those improvements generally consist of buildings, facilities and other development. Since the adoption of the I-35 Redevelopment District Plan it has been amended six separate times. The most recent amendment occurred this year with the addition of the “Kmart” property and the creation of Redevelopment Project Area M for that area. On November 8, 2021, the City Council approved a resolution setting December 13, 2021 as the date for the public hearing to consider the findings related to an amendment to the I-35 District Plan and to adopt the proposed amended plan. The notice of the public hearing was properly advertised in the city’s official newspaper and mailed to all property owners and tenants within the I-35 Redevelopment District. The proposed amendment creates Redevelopment Project Area N and generally describes the proposed improvements for the area. Project Area N encompasses the properties at 8800 Shawnee Mission Parkway, which is the previous location of Taco Bell prior to relocating north of IKEA. The Amended District Plan includes a general description of the proposed commercial, retail, and/or office facilities with supporting parking, structured parking, infrastructure and related improvements. Mayor Pape opened the Public Hearing at 7:55 pm. Billy Croan, 6636 Wedd St., asked if the subject property has been continuously owned by the applicant since the Taco Bell closed. Mr. Dyer indicated that the applicant has not owned the property the entire time since the restaurant has been closed. There being no further public comments, the Public Hearing closed at 7:56 pm. Mr. Dyer reviewed the next steps for the project. Staff is recommending waiving the first reading of the ordinance so other required approvals, such as rezoning, additional public hearings and the redevelopment project plan will marry up in a timely fashion. Councilmember Hands made a motion that the council waive the customary first reading of an ordinance that makes certain findings and authorizes an amendment to the District Plan for the I-35 Redevelopment District, and authorize the Mayor to sign the ordinance. Councilmember Laha seconded and the motion was unanimously Carried. Page 3 of 7 City Council Minutes – December 13, 2021 Councilmember Evans Hands made a motion that the council approve an ordinance that makes certain findings and authorizes an amendment to the District Plan for the I-35 Redevelopment District, and authorize the Mayor to sign the ordinance. Councilmember Chivetta seconded and the motion was unanimously Carried. 2. Consider approval of a resolution setting January 24, 2022, as the date for the Public Hearing to consider the 8800 Shawnee Mission Parkway (Project Area N) Redevelopment Project Plan. Community Development Director Bryan Dyer provided the background for this item. In August 1994, the City of Merriam established the I-35 Redevelopment District, and adopted a district plan identifying proposed redevelopment project areas within the Redevelopment District. The District Plan generally identifies improvements proposed to occur within each project area. The improvements generally consist of buildings, facilities and other development. Since the adoption of the I-35 Redevelopment District Plan it has been amended six separate times. Block and Company is planning to redevelop 8800 Shawnee Mission Parkway and has submitted an application requesting public participation in the form of tax increment financing (TIF) to make the project feasible. The City Council’s approval of the amended District Plan creating Redevelopment Project Area N was in response to Block’s request. The amended District Plan outlines general improvements that are proposed for Project Area N. Those improvements include a retail commercial building and ancillary infrastructure improvements. At their December 1, 2021 meeting, the Planning Commission found the proposed project plan to be consistent with the intent of the Merriam Comprehensive Plan 2040 for the development of the city. The next step in potentially utilizing TIF is setting the date for the public hearing to consider the Project Plan. The resolution sets January 24, 2022 as the date for the public hearing to consider the 8800 Shawnee Mission Parkway Redevelopment Plan. If the resolution is approved, a copy of the resolution will be sent to all property owners and occupants of land in the Project Plan area, the Board of Johnson County Commissioners, and the SMSD Board of Education. A copy of the Redevelopment Project Plan will be available in the City Clerk’s office for public review. The 8800 Shawnee Mission Parkway Redevelopment Project Plan that includes the feasibility study was included in the Agenda Packet. There was some discussion regarding the redevelopment agreement that will be forthcoming at a future City Council meeting. Page 4 of 7 City Council Minutes – December 13, 2021 Mitch DiCarlo, Director of Development and Construction, Block & Company, addressed the council regarding the subject property located at 8800 Shawnee Mission Parkway. In response to questions from councilmembers regarding other properties owned and/or controlled by Block & Company. The property was acquired by a company that Block represents in 2017 and the company is always focused on creating projects with a positive outcome. Recognizing that this property is a gateway to the City and is in an area that really could use some improvements, the ownership group of this property made a decision to not just lease the building as is, but waited until they could find a national tenant that could make significant improvements to the site, which will include tearing down the existing old building and build a brand new building on the site as well as making other improvements to the site. Councilmember Neal asked about the financial analysis conducted by Columbia Capital and if the TIF assistance would be a front loaded situation rather than assistance that is recouped over a number of years. Mr. Dyer indicated that was correct; the TIF account has a substantial fund balance and the city is able to provide the TIF assistance on the front end of the project as certain milestones of the development occur. Over time the project will return the same level of funds being provided, which will go back into the TIF fund. Councilmember Neal asked about the financial report that indicates a negative return on the investment and questioned why would the city invest in a project with a negative return. Mr. Dyer explained that the benefit for this project will be a brand new building on the site and site improvements addressing traffic flow issues. Columbia Capital prepared the financial report and they looked at the project as a incremental increase as if Taco Bell were operating on the site today and what the city would be receiving. The comparison would be a Taco Bell generates approximately $1.5 million in sales tax and Chipotle generates about $1.9 million so the calculations were based on the difference of those two numbers, which is approximately $400,000. Since Taco Bell is still operating in the city, those sales tax revenues are not lost and if it were calculated to include the Taco Bell sales tax revenue currently being collected the number would have been positive rather that a negative return on the investment. Councilmember Neal asked if the property taxes on the old Kmart have been paid. Mr. Dyer indicated that he did not believe the taxes have been paid. Councilmember Neal indicated that he would be voting in favor of moving the Chipotle project forward on January 24th, if the Kmart property taxes are not paid up. Mitch DiCarlo addressed the concern of the property taxes. Block and Company represents many property owners, ownership groups, and partnerships, as well, Block owns and controls many properties throughout the region. He further commented that Page 5 of 7 City Council Minutes – December 13, 2021 the Kmart property is an ownership group and he is not sure who the partners in the group are and from an ownership standpoint, that group is completely disconnected from Block and Company. He explained that the ownership group will have to pay the taxes at some point and that payment will include penalties assessed as well. Unfortunately that situation is not something that the owners of the Taco Bell property can control. Councilmember Yadrich commented that while she understands there is a large network of property owners and investors associated with the Block and Company name, it is very important to the city to have a positive view of Block and Company so anything that can be done to keep that positive view would be appreciated. She further commented that the portion of the unpaid property taxes on the former Kmart property due to the city is approximately $128,000. She asked about Block and Company's policy on LEED certified and green building practices. She is aware of Chipotle's stance on environmental impacts as a company and asked if the goals set by Chipotle regarding emissions will be met. Mr. DiCarlo responded that Block and Company are not designing the building and conceptual plans for the building have been submitted to the city. The building is a prototype plan specifically for Chipotle and the architect would be the one designing the building based on Chipotle's corporate specifications and guidelines. Councilmember Yadrich asked Mr. Dyer if green building specifications could be included in the Redevelopment Agreement? Mr. Dyer commented that the council recently adopted new building codes which includes environmentally friendly requirements. Including LEED certification requirements could be added to the Redevelopment Agreement, if desired. Councilmember Laha asked what other properties in the surrounding areas of the subject property does Block and Company own, control or represent? Mr. DiCarlo provided an overview of properties that Block is involved with and the locations in Merriam. He commented that the only property he is aware of that has an issue with taxes is the Kmart property. Councilmember Hands made a motion the council approve the resolution setting January 24, 2022 as the date for the public hearing to consider the 8800 Shawnee Mission Parkway Redevelopment Project Plan. Councilmember Kaldahl seconded and the motion was unanimously Carried. VII. STAFF/INFORMATIONAL ITEMS 1. Execute an Inter-Local Agreement with Johnson County for Johnson County’s County Assistance Road System (CARS) funding of the public improvements to 55th Street from Merriam Drive to West City limits. Public Works Director Jim MacDonald provided the background for this item. Page 6 of 7 City Council Minutes – December 13, 2021 Staff requested funding from Johnson County’s County Assistance Road System (CARS) program for the 2022 55th Street improvements from Merriam Drive to West City limits. The Johnson County Board of County Commissioners adopted the project for funding on October 28, 2021, with construction to begin in 2022. The estimated project construction cost is $2,649,309, a portion of which is CARS eligible. The CARS eligible portion (construction and construction engineering) is estimated to be $2,348,000; CARS typically will fund 50% of eligible costs. However, this year the funding will not exceed $1,049,000. This project will consist of a full mill and overlay, the addition of new sidewalks on the south side of the street, replacement of substandard curbs and sidewalk sections, replacement and/or lining of failing corrugated metal stormwater pipes, installation of LED streetlights and bike lanes in both directions. Councilmember Yadrich made a motion the council authorize the Mayor to sign the Inter-Local Agreement with Johnson County for the County’s CARS program on 55th Street from Merriam Drive to West City limits. Councilmember Silvers seconded and the motion was unanimously Carried. 2. December CIP Update Public Works Director Jim Macdonald provided the following CIP Updates: The only project currently active is the Storm Pipe Lining Improvements which is occurring throughout the city. There is just over 1,800 feet of corrugated metal pipe that is being lined. The contract stipulated the project will be completed within 60 days. Upcoming projects include the design of 55th St improvements, West Frontage Road improvements are also in the design phase. The 2022 mill and overlay program is also getting lined out with that project, a trail connection from Hocker Dr. to Werner Park as well as adding bike lanes and sharrows along Knox St. VIII. EXECUTIVE SESSION IX. ADJOURNMENT Councilmember Hands made a motion to adjourn at 8:53 pm. Councilmember Laha seconded and the motion was unanimously APPROVED. Respectfully submitted, Juliana Pinnick City Clerk Page 7 of 7  Memo Subject/Agenda Item: 4th Quarter 2021 Employee Service Awards Submitted By: Juli Pinnick, City Clerk Meeting Date: January 10, 2022 To: Mayor & City Council Background/Information: 5 Years of Service Seth Potts - Police Department 20 Years of Service Frank Hidalgo - Public Works 30 Years of Service Gerry Eickhoff - Police Department  Item Information Form Subject/Agenda Item: Consider a Resolution approving the execution and delivery of an agreement to release and assign the City's opioid claims to the Kansas Attorney General and certifying costs attributable to substance abuse and addiction mitigation in excess of $500. Submitted By: Chris Engel, City Administrator Meeting Date: January 10, 2022 Project Background/Description: In 2021, the Kansas Legislature enacted the Kansas Fights Addiction Act (HB 2079), which sets aside some of the funds received by the State related to the national opioid addiction crisis for cities. HB 2079 establishes the Municipalities Fight Addiction Fund that will be used for projects and activities that prevent, reduce, treat, or mitigate the effects of substance abuse and addiction or to reimburse a municipality for previous expenses related to substance abuse mitigation or arising from the opioid crisis. To be eligible to receive the funds, the City must, before January 31, 2022, certify by resolution that it has had or will have at least $500 in costs related to the opioid abuse or addiction mitigation and that the City is able to utilize any settlement funds for lawful purposes. The City must also enter into an agreement with the Kansas Attorney General (“Agreement”) releasing to the Kansas Attorney General all legal claims arising from the conduct that resulted in a payment of money to the State, and assigning to the Kansas Attorney General any future claims. The City must also enter into various agreements waiving future claims that the City may have against various producers and distributors arising from conduct covered by the State settlement. At this time, the City is not certain how much funding it will receive. The City will be required to establish a new fund for handling the settlement funds, but at this point we do not believe it would be an undue burden to do so. The City Attorney has reviewed and approved as to form the attached documents. City Council Goals and Objectives: N/A Financial Impact: Amount of Request/Contract: n/a Amount Budgeted: n/a Funding Source/Account #: n/a Recommended Motion: Adopt the Resolution approving the execution and delivery of an agreement to release and assign the City's opioid claims to the Kansas Attorney General and certifying costs attributable to substance abuse and addiction mitigation in excess of $500. Supporting Documents: Opioid Settlement Resolution Opioids Agreement and Release  RESOLUTION NO. 919 A RESOLUTION OF THE CITY OF MERRIAM, KANSAS, APPROVING THE EXECUTION AND DELIVERY OF AN AGREEMENT TO RELEASE AND ASSIGN THE CITY’S OPIOID CLAIMS TO THE KANSAS ATTORNEY GENERAL AND CERTIFYING COSTS ATTRIBUTABLE TO SUBSTANCE ABUSE AND ADDICTION MITIGATION IN EXCESS OF $500. WHEREAS, in 2021, the Kansas Legislature enacted HB 2079, the Kansas Fights Addiction Act (the “Act”), authorizing litigating municipalities to access opioid litigation settlement funds and become eligible for certain state grants by entering an agreement releasing the city’s opioid litigation claims to the Attorney General and assigning any future opioid litigation claims to the Attorney General (the “Agreement”); and WHEREAS, the City of Merriam sustained damages related to the opioid epidemic; and WHEREAS, the City of Merriam desires to enter an Agreement releasing and assigning its Claims to the Attorney General in order to access opioid litigation settlement funds and become eligible for certain state grants; BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS: Section 1. Authorization of the Agreement. City hereby authorizes the release of its legal claims arising from covered conduct to the Attorney General, and the assignment of any future legal claims arising from covered conduct to the Attorney General, pursuant to the Agreement by and between the Attorney General and the City in substantially the form presented to and reviewed by the governing body at this meeting (copies of this document shall be on file in the records of the City), with such changes therein as shall be reviewed by the City Attorney and the officials of the City executing such documents. Section 2. Execution of the Agreement. The City Administrator and to the extent deemed necessary, the City Attorney and City Clerk, are hereby authorized and directed to execute, seal, attest and deliver the Agreement in substantially the form presented to and reviewed by the governing body at this meeting and such other settlement agreements, documents, certificates and instruments as may be necessary and desirable to carry out and comply with the intent of this Resolution, for and on behalf of the City. Section 3. Certification of Costs and Expenses. The City hereby certifies that it has incurred costs and expenses related to substance abuse or addiction mitigation in excess of $500 and the City can utilize the opioid litigation settlement funds for the lawful purposes established in the Kansas Fights Addiction Act and the settlement agreements. The City Administrator and City Attorney are hereby authorized to execute, seal, attest and deliver such other documents, certificates and instruments as may be necessary and desirable to certify these costs and expenses or similar costs and expenses, for and on behalf of the City.  Section 4. Effective Date. This Resolution shall be in full force and effect from and after its adoption. ADOPTED this 10th day of January, 2022 and SIGNED by the Mayor. _____________________________ Mayor Attested: ______________________________ City Clerk REVIEWED AND APPROVED AS TO FORM: City Attorney  Exhibit A — Agreement to Release and Assign Claims BETWEEN: [ City of Merriam ], (the “Assignor”), a municipality as defined by Kansas Statutes Annotated §12-105a, or other Political Subdivision, located within the State of Kansas, with its principal business office located at: [ Merriam City Hall ] 9001 W. 62nd St. AND: Merriam, KS 66202 Derek Schmidt, the duly elected Attorney General of the State of Kanas, with a principal business office located at: The Office of the Kansas Attorney General 120 SW 10th Ave., 2nd Floor Topeka, KS 66612 FOR VALUE CONTEMPLATED, to gain access to money recovered by the State of Kansas for the abatement or remediation of substance abuse or addiction, made available by the Kansas Fights Addiction Act, 2021 Kansas House Bill No. 2079, consistent with Kansas Opioids Memorandum of Understanding between the Kansas Attorney General, the League of Kansas Municipalities, and the Kansas Association of Counties, and to permit as adopted by resolution passed by the Assignor on [____________], January 10, 2022 the Assignor hereby releases its legal claims, and transfers and assigns to the Assignee, his successors, assigns, deputies, assistants, and personal representatives, any and all claims, demands, and cause or causes of actions on any kind whatsoever which the undersigned has or may have against any opioid manufacturer, distributor, and/or pharmacy, or entity within the Pharmaceutical Supply Chain, arising from the following type of claim: Any and all claims arising out of “covered conduct” and “opioid litigation” as defined by 2021 Kansas House Bill No. 2079, and any and all claims on file by Assignor in MDL Case No. 1:17- md-2804, if any. And the undersigned may in the name of the State of Kansas and for the benefit of the State of Kansas as defined by state law, 2021 House Bill No. 2079, and consistent with Kansas Opioids Memorandum of Understanding between the Attorney General, the League of Kansas Municipalities, and the Kansas Association of Counties, prosecute, collect, settle, compromise and grant releases on said claim as in his sole discretions deems advisable. Any failure of the Assignor to comply with any requirement of the Memorandum of Understanding, the Kansas Fights Addiction Act, any other provision of Kansas law, or any reporting, requesting, monitoring, or other provision of any opioid settlement agreement which produces money governed by the Kansas Fights Addiction Act, may result in the suspension, termination, or other cessation of future payments to the Assignor from any fund established in the Kansas Fights Addiction Act. IN WITNESS THEREOF, the parties have executed this Assignment on the day and year first above written. Signed, sealed and delivered in the presence of: ASSIGNOR ASSIGNEE ________________________________ ________________________________ Authorized Signature Authorized Signature Chris Engel, City Administrator ________________________________ Derek Schmidt, Kansas Attorney General Print Name and Title Office of the Kansas Attorney General  Memo Subject/Agenda Item: January CIP Update Submitted By: Jim MacDonald, Public Works Director Meeting Date: January 10, 2022 To: Mayor & City Council Background/Information: Miscellaneous storm pipe lining improvements are underway. The locations are listed below. • Antioch from 70th Terr north 753 feet • Knox Ave at 53rd street north 284 feet • 53rd street from Hayes east 638 feet • The lining crew from Municipal Pipe Tool is currently scheduled to begin mid-January. Working with Affinis Engineering on the design for the West Frontage Road improvements from 75th St to Turkey Creek Drive (roundabout). Currently working with BHC Engineering on the design of 55th Street from Merriam Drive to west City limits. BHC Engineering is finishing up the 2022 mill and overlay program which will include a trail connection from Hocker Drive to Werner Park. Supporting Documents: CIP active project list 2022  PROJECTED BUDGETED ACTUAL PUBLIC PUBLIC FUNDING DESIGN ENGINEER'S BID AWARD AT CONTRACT NOTICE TO SUBSTANT PROJECT NAME CONSTRUCTION CONSTRUCTION STATUS MEETING MEETING CONTRACTOR SOURCES CONSULTANT ESTIMATE OPENING COUNCIL AMOUNT PROCEED COMPLETION COST COST #1 #2 DATE CIP maintenance 2021 Storm drainage Municipal Pipe Tool program drainage $350,000 Construction BHC Engineering $456,690.00 9/21/21 9/27/21 $288,337.50 11/29/21 repairs Company LLC Repairs CIP special sales 2022 55th street tax, maintenance $2,371,943 Design BHC Engineering improvements program, drainage repairs West Frontage Road I-35 redevelopment Affinis Corp $2,163,863 Design improvements district projects Engineering  Item Information Form Subject/Agenda Item: Approve scope of services and cost with the Orrick Law Group for the right-of-way acquisition services for the 55th Street improvements. Submitted By: Jim MacDonald, Public Works Director Meeting Date: January 10, 2022 Project Background/Description: Staff is requesting approval to retain Orrick Law Group to acquire the needed road right-of-way and temporary construction easements needed for the 55th Street construction improvements. High priority sidewalk improvements were recommended on 55th street from Merriam Drive to west City limits per the Merriam Comprehensive Plan 2040. This includes installing new six foot sidewalks on the south side of 55th Street where there is little to no existing right-of-way to install these sidewalks. There are currently 46 tracts along 55th Street that we need to acquire additional right-of-way and temporary construction easements to complete this project. The actual number of tracts may change slightly once design is completed. We received two quotes for this service • Orrick Law Group $1177.00 per tract • Valbridge Property Advisors $1900.00 per tract Once the right-of-way is acquired utility companies will be able to relocate their infrastructure allowing us to move forward with the project. The funding to acquire the additional right-of-way and temporary construction easements were not built into the initial project cost. We will use budgeted project construction funds to pay for this service along with the actual acquisition of each tract. Once the project is bid additional funds may be requested to fund actual construction cost. City Council Goals and Objectives: 3.0 Improve Physical Conditions and Property Values 3.2 Sustain capital improvement efforts. 3.4 Improve safety for all modes of travel throughout the community. Financial Impact: Amount of Request/Contract: $1,177.00 per tract Amount Budgeted: Construction budget $2,371,943 Funding Source/Account #: Streets and Storm water fund 301.000.511.45.10 GC2301 Recommended Motion: Approve the Orrick Law Group scope of services and fees for the acquisition of necessary road right-of-way and temporary construction easements needed for the 55th Street improvements. Supporting Documents: Orrick law group Valbridge  Jim Macdonald jj. Subject: 55th Street Improvements, Right—of—Way acquisition Scope and Cost Attachments: Orrick & Erskine Proposed Scope of Services 55th Street Improvementspdf From: Tim Orrick <timorrick@orrickIawgroup.com> Sent: Wednesday, December 29, 2021 12:30 PM To: Jim Macdonald <jmacdonald@merriam.org> Subject: 55th Street Improvements, Right—of~Wayacquisition Scope and Cost outsideo7f’thfe‘organixatioh. 'éAUTl0N:This emaildriginatedffrorn Do n'otcliEl<',|i‘_n’l,<'s:or ‘ open-attachments l, dn|é§s,yo’ulreCo:gni2e_the ‘ senderandknowthe content is safe. " ' , Mr. McDonald: As you requested, attached is a proposed Scope of Services for the acquisition of Road Right of Way and Temporary Construction Easements for the City's planned 55'“ Street Improvement Project. The proposed Scope is based upon our understanding that the project is being funds exclusively by County and City funds, and that no KDOTor federal funding is being utilized for any aspect of the Project. As we discussed, this allows for less formal calculation of just compensation offers without the preparation of appraisal reports prepared by state—Iicensed real estate appraisers. Based upon the Property Table prepared by BHC, we understand that easements will be required from approximately 46 tracts, although we understand the final number could vary. Based upon the number oftracts and the proposed Scope of Services, we propose a fee of $1,100 per tract, plus reimbursement for fees charged by the Johnson County Register of Deeds’ Office to record the easements. Recording fees are currently $77.00 for a two—page instrument. Fees would be billed under the following progress payment schedule: 35% upon delivery of Offer Packages; 15% 30 days after delivery of Offer Packages; 25% 45 days later; 25% upon Owners’ execution of purchase agreement/instruments and recording instruments, or impasse. If an owner signs and delivers the purchase agreement/instruments and instruments are recorded in advance of any of these milestones, the entire remaining fee for that tract will be billed upon recording. For example, if an owner signs the agreement and instruments and instruments are recorded 40 days after delivery of the offer package, the remaining 50% of the fee for that tract would be billed upon recording ofthe instruments. I'm hopeful this message and the proposed Scope are complete and understandable. Of course, if you would like to discuss any aspect of this proposal please get in touch with me at your convenience. Sincerely, Tim Orrick Tim Orrick, KS#12511; MO #53237 Orrick & Erskine, LLP Central Bank Building 11900 College Blvd., Suite 203 Overland Park, Kansas 66210. www.OrrickLawGroug.com 913-888-1777 ext 203  ORRICK & ERSKINE, L.L.P. ATTORNEYS AT LAW Timothy P. Orrick 11900 College Boulevard Joseph J. Erskine Suite 203 Overland Park, Kansas 66210 All attomeys licensed in Kansas and Missoun 913-888-1777 913-888-1794 (fax) www.OrrickLawGroup.com Proposed Scope of Services City of Merriam, Kansas 55"‘Street Improvement Project, Switzer to Merriam Drive All work will be performed to comply with City of Merriam Council Policy No. 120 and applicable Kansas statutes. Accordingly, our proposed scope of services is as follows: 1. Detailed review of project plans. Consult, as necessary, with Client staff and outside consulting engineers regarding acquisition and design issues. Identify/con?nn property ownerships using Johnson County Property Tax Records and written title reports prepared by third-party title company (title reports to be furnished by Client). Prepare Excel Spreadsheet summarizing pertinent parcel information for each tract, to be used to provide Progress Reports to Client. Inspect all parcels to identify landscaping and other fixtures and appurtenances impacted by easements to be acquired or construction. Consult with local third—partybusinesses to determine COSI I0 CLll‘6 payments f0I‘same. Calculatejust compensation offers utilizing land values from Johnson County Property Tax Records, prepare Just Compensation Worksheets for inclusion in offer packages. Prepare Offer Package for each tract (Offer letter; Just Compensation Worksheets; Johnson County Appraiser Property Report Cards; purchase agreements; deeds and other instruments; and W—9s,mail Packages to each property owner. After mailing Offer Packages, follow up in—person,telephone, email and other communications with property owners as required to reach agreement or impasse. Upon securing purchase agreements, coordinate payments with City, record deeds and other instruments, prepare/issue 1099s. Prepare and maintain negotiation notes. 9‘ Provide bi—weel(lyProgress Reports to Client; and I0. Maintain electronic files for delivery to Client upon completion of project.  Valbridge mm -colts: PROPERTY ADVISORS December 20, 2021 Jim MacDonald City of Merriam Public Works Director 6901 Knox St Merriam, Kansas 66203 Re: Proposed Scope and Fee Merriam, Kansas 55th Street (Switzer Road to Merriam Drive) — Dear Mr. MacDonald: Based on the information provided to us by you and David Nolte, there is a sidewalk project in the City of Merriam, Kansas that is requiring acquisitions. The 55"‘ Street project consists of 42 properties. According to Mr. MacDonald the construction schedule will require 25 tracts to be appraised and acquired first as there are utilities that will need to be moved. Valbridge Property Advisors will plan to accommodate this request and complete these appraisals first. Our proposed fee schedule included on the following page shows the fee schedule for this assignment based on the number of acquisitions and the anticipated difficulty for each tract. It is difficult to project the format that will be necessary for each tract prior to the valuation process. However, we will use a short form appraisal report for any acquisitions less than $10,000 in just compensation, and an appropriate standard form reporting format for the acquisitions above this amount. Also included on the following page are the proposed fees for the appraisals, acquisitions, and reviews (if necessary). Derek Shaner MAIwill be the primary appraiser. Derek is General Certified by Kansas and Missouri and has been with Valbridge Property Advisors/ShanerAppraisals for eighteen years. This is the type of assignment that Derek specializes in, as he works almost exclusively on unimproved land, condemnation and land development appraisals. Derek has been the primary appraiser in more than half of the Federal appraisal projects that have been completed by the firm. Allen Skeens works as an independent contractor for our firm. Allen would complete all of the acquisitions for this project. He is a licensed attorney and also holds his residential appraisal license. He has completed several large acquisition projects in Johnson and Jackson Counties in the past three years as well as several small, mid-sized and larger projects for the Cities of Olathe, Overland Park, Lansing, Independence, Prairie Village, Edwardsville, as well as Leavenworth County and Miami County. Merriam, Kansas — 55th Street (Switzer Road to Merriam Drive) If a review appraiser is needed for any of the tracts, Kevin O'Brien, MAI would serve as our review appraiser. Kevin is very familiar with the review requirements for this assignment. Reviews are only necessary for compensation amounts over $10,000. Any review fees (if necessary) will be $700 per tract. The appraisal fees would be $1,200 per tract for the based on an estimated 42 tracts. The acquisition fees would be $700 per tract. Therefore, the total fee for the acquisitions and appraisals for all 42 tracts is $79,800 (excluding any review appraisals that may be necessary) and is shown below: 55"‘Street Project 42 Tracts — Appraisals: $1,200 Per Tract » $50,400 Acquisitions: $700 Per Tract — $29 400 Total $79,800 Thank you for the opportunity. Sincerely, / /. 4,». <9 Derek Shaner, MAI Director, Land Valuation Valbridge Property Advisors Merriam, Kansas — 55th Street (Switzer Road to Merriam Drive)  TRANSPORTATION & MOBILITY RECOMMENDATIONS IMPROVE TRAFFIC INMERRIAM SAFETY IMPROVE TRAFFIC SIGNALINTERSECTIONS 80% of traf?c crashes Ih Merham happeh at IhtersectIohs. The majohty ofthese IhtersectIoh crashes occur at traf?c sIghaIs. Traf?c sIghaIs serve ah essehtIaI fuhchoh oh the street hetwork but aIso are the source ofthe majohty ofdhver deIay ahd traf?c crashes. To Improve safety Ih Merha m, a focus shouId be pIaced oh traf?c sIghaIs Ah ehgIheehhg study shouId be cohducted covehhg the traf?c sIghaIs IhdIcated Ih the FIgure4.8 to IdehtIfysafety Improvemehts specIfIcto those traf?c sIghaIs. A humber of systemIc safety Improvemehts shouId be cohsIdered at aII traf?c sIghaIs IhcIudIhgthose Idehtmed oh the map for study ahd the othertraf?c sIghaIs Ih the cIty. These systemIc safety Improvemehts II’ICIUde‘ - Ihcrease sIghaI cycIe tIme ahd optImIze trafhc sIghaI tImIhg - Cohvert permIssIve Ieft—turhphasIhg to protected or protected/permIssIve Ieft—turhphasIhg - Improve sIght dIstahce at street corhers - Improve street IIghtIhg - IhstaII retrorefIectIve bacI<pIates Ih addItIoh to these traf?c sIghaI Improvemehts, severaI Improvemehts shouId be cohsIdered specIfIcaIIyfor pedesthah ahd bIcycIe safety: - Improve accessIbIe pedesthah sIghaIs (push buttoh sIghaIs) - Improve ADA ramps ahd pedestrIah crosswaII<s - Add pedesthah crossIhgs to aII Iegs ofIhtersectIoh, - Ihcrease sIghaI cycIe Iehgth to better accommodate pedesthah phases - ImpIemeht Iead pedesthah IhtervaIs Ih addItIoh to the specIfIc recommehdatIohs above, severaI secohdary recommehdatIohs e><Ist for future Improvemehts Ih Iv1errIam.The Ihterchahge of I35 ahd W. 67th Street has beeh IdehtI?ed as a probIematIc IhtersectIoh due to the cIose spacIhg of the frohtage road IhtersectIoh wIth the ramp IhtersectIoh ThIs Ihtersechoh IS a hIgh—crashIocatIoh Ih the cIty ahd causes dhver cohfusIoh ahd addItIohaI deIay Ivlerham shouId cohtIhue coordIhatIoh wIth the Kahsas Departmeht of TrahsportatIoh (KDOT) to stud;/thIs Ihterchahge ahd IdehtIfy ImpIemehtabIe soIutIohs. Traff/c sI'gr1a/at/ohnsonDrfve ar1dAr1rI‘0chRoad 112 MerriamEamprohonsivsPlan ZIJIIIJ  TRANSPORTATION & MOBILITYRECOMMENDATIONS Pedestrian and bio/ciemobiiity in Merriam is a top concern of residents. Tne maiority of residents see pedestrian and bicycie mobiiity primariiy for recreationai purposes, but some aiso waik and bike to access transit orto access destinations. Regardless of tne purpose, most Merriam residents find nign quaiity and safe pedestrian and bicycie mobiiity important ADDANDIMPROVE SIDEWALKS Most Merriam streets navesidewaiks adiacentto tnem and Merriam recentiy began tne Sidewaik in?ii Program. Tnis program is designed to systematicaiiy improve pedestrian mobiiity in Merriam and snouid be continued. Most Merriam streets navesidewaik oniy on one side oftne street. Tnis is appropriate for iow—voiumeresidentiai streetswnere street crossings do not pose a safety or mobiiity cnaiienge. On nignervoiume roads, naving a sidewaik oniy on one side poses a safety and mobiiity issue because pedestrians are forced to eitner make muitipie street crossings orwaik on tne side oftne street witn no sidewaik ortnrougn iandscaping. it is recommended tnat sidewaiks be constructed on every Merriam street and tnat every Merriam street witn greatertnan 3,000 venicies per day navesidewaiks constructed on botn sides oftne street. Tnese sidewaiks snouid be constructed a minimum of 5 feet wide witn a preferred widtn of 6 feet wide. Figure 4.9 and 4.i 0 identify iocations witn nign priority and iow priority sidewaik instaiiation iocations. Locations were prioritized by streets witn nign pedestrian and biO/(IE crasnrates and proximity to nign—usagedestinations sucnas parks and scnoois. Highqua/ity pedestrian infrastructure an Merriam Drive 113 MerriamDaniprohunsiva Plan 2050  STREET ADDANDIMPROVE CROSSINGS Nearly 80% oftne fatar and senous rnjury pedestnan and brcyde crasnesrn Kansas nappenwnereno crosswark or brkeway rs present and tne brcydrst or pedestnan rs rn tne roadway Safe and convenrent street crossrngs for pedestnans and 0/drstsrs a key erernent to rrnprovrng actrve transportatron safety and rnobrhty _ sax V‘ §§:?§§.>':' er/‘and High qua//‘zypedestrfan / bike U055/‘ngrefuge /'5/and on Na// Avenue in Ov Park, KS Tne rnaps berow rdentrfy rocatrons wrtn nrgnpnonty and rowpnonty pedestnan and brcyde crossrng rnstaHatron or rrnprovernent rocatrons Locatrons were pnontrzed by rocatrons wrtn nrgnpedestnan and brcyde crasn rates and proxrrnrty to nrgnusagedestrnatrons sucnas parks and scnoors 11L MerriamEnmprehensivePlan Z?l-[I  CREATE TRAILNETWORK ACITY-WIDE The Turkey Creek Trall lS an outstandlng example ofa hlgh—qualltytrall that lS hlghly appreclated by Mernam resldents However, many resldents feel that access to the trall for pedestnans and cycllsts lS llmlted especlally due to lssues crosslng l—35Other recreatlonal assets ln the clty that have exlstlng tralls lncludlng the many parks, ln partlcularly Antloch Park, lack safe and dlrect pedestrlan and blcycle access To lmprove access to these exlstlng amenltles, and to generally lmprove pedestrlan and blcycle access throughout the clty, lt lS recommended that a clty—wldetrall network be constructed These tralls Wlll lmprove the ablllty of Mernam resldents to access key destlnatlons, provlde recreatlon opportunltles, and lmprove the deslrablllty of Mernam for future resldents and buslnesses Many ofthese tralls ldentlfled could be constructed ln COl’llLJl'l(IlOl'l wlth a lane reductlon on the artenal streets throughout Mernam Thls comblnatlon of lane reductlon and trall constructlon, comblned wlth the safe pedestnan and blcycle street crosslngs, would dramatlcally lmprove safety for non—motonzed users ln l\/Ierrlam The maps below ldentlfy locatlons wlth hlgh prlonty and low prlonty pedestrlan and blcycle tralls should be consldered Locatlons were prlontlzed by locatlons wlth hlgh pedestnan and blcycle crash rates and proxlmlty to hlgh—usage destlnatlons such as parks and schools Turkey Creek rrafl /'5an outstand/‘ng amen/'ty/‘orMerr/‘am but lacks easy access by footor bike 115 MerriamEnmprehensivePlan ZULU  wherehign—pri0rity 4.9 Lotations FIGURE trails,andpedestrians/bitytle sidewalks, are trossings retommended forinstallation ‘ ‘ — — Legend Points Q High PviorllyPed/Elke cmssing 1 High PrioritySidewalk Improvements 1 High PriorityTrail Improvements :__—_' City of Merriamlioundaries 116 MmiamBnmpruhunsivo Plan2050  where|0w—pri0rity 4.10 Lotations FIGURE retommended ' ' sidewalks, forinstallation 4 l ‘ ‘ V ' 2 1 . trails,andpedestrians/bitytle Logsnd are trossings Low Priority Pedlliike Crossing Low PrioritySldewalk Low PriorityTrail ;____'City of MerriamBoundan‘as 117 MerriamBnmpruhunsivu Plan2050 CIT Y OF MERRIAM, K ANSAS MONTHLY FINANCIAL REPORT November 2021 Finance Department  City of Merriam, KS Monthly Financial Report - Executive Summary November 2021 Revenues Current Month YTD YTD Over/(Under) Various Funds: Actual Actual Budget YTD Budget 1% City Sales Tax $ 651,453 $ 6,610,768 $ 5,488,203 $ 1,122,565 1/4% City Sales Tax-Storm/Street 167,894 1,705,652 1,372,051 333,601 1/4% City Sales Tax-Rec. Facilities 167,894 1,705,652 1,372,051 333,601 City Use Tax 88,193 865,765 575,294 290,471 County Sales Taxes - All 161,633 1,711,197 1,512,228 198,969 Real Property Taxes - Gen Fund $ - $ 4,566,039 $ 4,634,960 $ (68,921) Transient Guest Tax 123,384 288,054 321,938 (33,884) Franchise Fees 39,405 1,144,799 1,204,921 (60,122) Court Fines 78,869 941,297 825,000 116,297 Expenditures General Fund - only: Current Mo. Monthly Over/(Under) Year to Date Year to Date Over/(Under) Actual Budget Budget Actual Budget YTD Budget Salaries and Benefits $ 667,345 $ 803,650 $ (136,306) $ 7,865,775 $ 8,840,155 $ (974,379) Contractual Services: OP Fire Services 604,549 237,558 366,991 1,737,615 2,613,136 (875,522) Utilities 45,197 53,758 (8,561) 549,875 591,335 (41,460) Legal 1,791 5,500 (3,709) 25,283 60,500 (35,217) Property Maint 36,119 77,798 (41,679) 658,944 855,783 (196,838) Specific Contractual* 8,917 37,554 (28,637) 286,685 413,093 (126,408) Other Contractual 51,117 90,549 (39,432) 699,428 996,037 (296,609) Commodities: Gasoline/Diesel Fuel 11,509 12,954 (1,445) 87,264 142,496 (55,232) Other Commodities 55,094 54,544 550 461,792 599,986 (138,194) *Specific Contractual includes: specific ongoing outside contractors (Judge, Prosecutor, Auditor, prisoner care, Information Services, legislative monitor, payroll processing, and animal care). The City Attorney is included under the Legal line item. Comments:  September 2021 1% and ¼% City sales tax collections are 4.98% (+$51,694) higher than the prior year. o Auto sales are 19.56% more than prior year actual. o Merriam Town Center/Johnson Drive sales are 23.18% lower than prior year actual o Other categories are 2.42% more than prior year actual.  Year-to-date 2021 1% and ¼% City sales tax collections are 24.2% (+$2,121,254) higher than prior year. o Auto sales are 34.26% more than prior year actual. o Merriam Town Center/Johnson Drive sales are 9.61% more than prior year actual o Other categories are 15.49% more than prior year actual.  Franchise fee revenues are underbudget year-to-date because November Evergy fees were received in December.  City of Merriam, KS Monthly Financial Report - Executive Summary November 2021 Equipment Purchases >$5,000 Month Description Amount January Police – trailer $7,595 February Police – thirty-five tasers $20,753 March None $0 April Parks – park swing structure $31,650 May Parks – We Go swing at Chatlain Park $46,091 Admin – new payroll software launch fees $14,250 June Public Works – excavator $31,231 July Police – 2021 Dodge Durango SUV $31,715 August Police – equipment for 2021 Dodge Durango SUV $13,528 Public Works – traffic signal cabinet – Antioch/555th St. $6,182 September None $0 October Police – 2021 Dodge Durango SUV $31,715 Fire – Equipment for new fire engine E46 $12,572 November City Hall – new roof $25,285 Cash and Investment Balances FHLB = Federal Home Loan Bank 3,335,000 8% FHLMC = Federal Home Loan Mortgage Corp. 5,250,000 15% FFCB = Federal Farm Credit Bank 17,750,000 50% US Treasury Bills 3,640,000 10% Municipal Bonds 2,000,000 6% TD Ameritrade MMA 33,623 1% Total Investments 32,008,623 90% US Bank Cash Account 3,804,668 10% Total Cash plus Investments 35,813,291 100%  City of Merriam, KS Monthly Financial Report - Executive Summary November 2021 FAQ’s Question: What is the City Sales Tax rate effective January 1, 2021? Answer: 9.475% (6.500% to the State of Kansas; 1.475% to Johnson County; 1.50% to Merriam) Question: How much does the City owe for general obligation bonds? Answer: $1,155,000 is the current balance for the Series 2012 and $13,500,000 for Series 2018. Question: When will the City retire its existing debt? Answer: The Series 2012 bonds will be paid off in 2023 and the Series 2018 bonds will be paid off in 2027. Question: What is the City’s bond rating? Answer: S & P Global Ratings rates the City’s debt as “AAA (Stable)” Question: What is the City’s current mill levy? Answer: 27.665 mills (2021 levy supporting 2022 budgets) Question: When was the last time the City Council voted to increase the mill rate? Answer: The City Council last voted to increase the mill rate in 2008 to support the FY2009 Budget. Question: What is the City’s assessed property valuation? Answer: $225.5 million per Johnson County Clerk as of November 1, 2021 Question: How much of the City’s assessed property valuation is for Residential, Commercial, and Other? Answer: $101 million or 46% for Residential (including apartments); $117 million or 53% for Commercial; $1 million or <1% for Other (including vacant land, personal property, utilities) Question: How many households are in the City? Answer: 5,132 households (homes and apartments) per the 2020 U.S. Census Bureau Question: What is the City’s “pull factor” and what does this mean? Answer: 4.79 is the City’s pull factor per the Kansas Department of Revenue (December 2021 report). The term refers to how many non-residents a community “pulls” for shopping purposes. A pull factor greater than 1.00 indicates the community attracts more retail sales than it loses when residents shop outside the city. Merriam’s is currently the highest in the State of Kansas.  City of Merriam Sales Tax Comparison - 1.50% YTD 2021 vs 2020 vs 2019 $12,000,000 $10,000,000 Other Sales Tax, $1,893,272 16% Other Auto, $622,212 6% Other Sales Tax, Telecom/Utilities, $406,134 4% Other Sales Tax, $1,619,228 17% $8,000,000 $1,573,259 18% Johnson Drive Retail, Other Auto, $534,532 6% $1,811,095 Other Auto, $583,366 7% Telecom/Utilities, $260,989 3% 17% Telecom/Utilities, $373,261 4% Johnson Drive Retail, $6,000,000 Johnson Drive Retail, $1,836,040 $1,652,279 20% 19% $4,000,000 Automobiles, $6,155,124 Automobiles, 57% Automobiles, $4,925,923 $4,584,418 54% $2,000,000 52% $- YTD 2021 YTD 2020 YTD 2019  CITY SALES & USE TAXES * (Regular 1.50% effective Jan. 1, 2018, 1.25% prior years) Through: November 2021 Month Comparison Average Collected/Received 2016 2017 2018 2019 2020 2021 2020 and 2021 2016-2020 Jan/Mar 831,320 786,301 849,645 852,037 929,937 1,087,169 157,232 849,848.23 Feb/Apr 773,150 738,462 984,697 815,595 994,443 969,981 (24,462) 861,269.54 Mar/May 858,854 868,780 997,674 1,014,294 803,256 1,293,467 490,212 908,571.46 Apr/Jun 796,692 750,690 1,079,168 979,825 654,772 1,332,840 678,068 852,229.23 May/Jul 931,163 858,245 1,025,175 1,127,238 914,993 1,255,000 340,007 971,362.79 Jun/Aug 865,511 895,143 1,088,415 981,803 1,246,100 1,257,815 11,715 1,015,394.31 Jul/Sep 927,803 911,673 1,028,566 1,156,685 1,066,462 1,393,560 327,098 1,018,237.78 Aug/Oct 923,896 909,599 1,093,553 1,156,528 1,143,388 1,222,572 79,185 1,045,392.50 Sep/Nov 863,243 829,752 898,941 1,092,707 1,013,232 1,075,433 62,201 939,575.13 Oct/Dec 819,791 887,153 978,915 1,030,482 1,095,142 962,296.84 Nov/Jan 844,545 815,416 947,857 1,041,482 1,027,139 935,287.94 Dec/Feb 943,732 868,102 966,502 1,043,210 1,146,167 993,542.34 Total 10,379,700 10,119,316 11,939,108 12,291,885 12,035,031 10,887,837 2,121,254 11,353,008 YTD 2016 2017 2018 2019 2020 2021 November 2021 7,771,632 7,548,645 9,045,833 9,176,711 8,766,583 10,887,837 Average Collections Between 2016-2020 $ 11,353,008 Budgeted 2021 11,743,464 Estimate Based on Current Collection Rate 14,517,116 Over/(Under) at Current Collection Rate $ 2,773,652 * Kansas imposes a use tax on items purchased outside of Kansas for use in Kansas. The rate is identical to the sales tax rate in effect where the customer takes delivery.  1.50% City Sales & Use Tax Year to Date Comparison 2016-2021 (1.50% effective Jan. 1, 2018, 1.25% prior years) $12,000,000 $11,000,000 $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 2016 2017 2018 2019 2020 2021  JOHNSON COUNTY SALES/USE TAX AND PUBLIC SAFETY TAXES * (Total City Share is 1.25%) Through: November 2021 Month Comparison Average Collected/Received 2016 2017 2018 2019 2020 2021 2020 and 2021 2016-2020 Jan/Mar 130,730 132,558 164,426 147,949 152,833 181,820 28,986 145,699 Feb/Apr 129,905 136,333 149,591 148,168 156,265 159,569 3,304 144,052 Mar/May 145,445 148,999 178,476 167,514 150,945 194,529 43,584 158,276 Apr/Jun 141,130 157,071 171,127 165,807 153,599 197,500 43,901 157,747 May/Jul 136,074 168,652 179,056 182,514 164,589 200,519 35,930 166,177 Jun/Aug 150,786 181,983 185,132 176,338 192,327 197,612 5,285 177,313 Jul/Sep 150,089 172,667 166,088 181,055 168,081 211,825 43,744 167,596 Aug/Oct 148,762 176,915 175,932 178,013 187,229 206,190 18,962 173,370 Sep/Nov 152,714 180,671 164,596 178,770 177,905 161,633 (16,273) 170,931 Oct/Dec 140,607 165,159 163,132 176,796 182,813 165,701 Nov/Jan 142,131 171,494 183,409 177,798 180,092 170,985 Dec/Feb 172,005 196,607 189,838 194,792 179,184 186,485 Total 1,740,379 1,989,108 2,070,804 2,075,514 2,045,862 1,711,197 207,424 1,984,333 YTD 2016 2017 2018 2019 2020 2021 November 2021 1,285,637 1,455,848 1,534,424 1,526,128 1,503,773 1,711,197 Average Collections Between 2016-2020 $ 1,984,333 Budgeted 2021 2,016,304 Estimate Based on Current Collection Rate 2,281,597 Over/(Under) at Current Collection Rate $ 265,293 * The County special "courthouse" 0.25% tax, effective April 1, 2017, will expire March 31, 2027. All other County taxes have no sunset date.  November 2021 REVENUE SUMMARY BY FUND Fund YTD Monthly YTD % Number Revenues Budget/Est. Actual Collections Balance Budget/Est. 001 General Fund $ 19,577,129 $ 17,478,367 $ 1,140,739 $ 2,098,762 89.28% 201 Special Highway Fund 253,420 249,951 0 3,469 98.63% 202 Special Alcohol Fund 27,283 17,254 - 10,029 63.24% 203 Special Park & Rec 27,283 17,290 - 9,993 63.37% 204 Transient Guest Tax 502,750 336,086 125,948 166,664 66.85% 221 Risk Management Reserve 19,985 6,563 0 13,422 32.84% 222 Equipment Reserve Fund 640,000 590,995 50,000 49,005 92.34% 301 Capital Improvement Fund 6,781,377 550,642 303 I-35 District CIP Fund 6,063 0 401 Bond and Interest Fund 3,229,038 2,505,451 167,894 723,587 77.59% 403 TIFB-I35 District 4,326,135 - 702 Special Law Enforcement-State/Local - - 703 Property Forfeiture Fund 10,425 - 704 Grant Fund 1,403 - TOTAL $ 24,276,888 $ 32,327,359 $ 2,035,223 $ 3,074,931 Average Rate of Sales Tax Collections Should Be: 75.00% Average Rate of Other Collections Should Be: 91.67%  November 2021 EXPENDITURE SUMMARY BY FUND Fund YTD Monthly YTD % Number Expenditures Budget/Est. * Actual Expenditures Encumbrances Balance Budget/Est. 001 General Fund $ 19,390,930 $ 17,651,087 $ 1,911,499 $ 351,014 $ 1,388,829 92.84% 201 Special Highway Fund 330,000 19,190 - 4,581 306,230 7.20% 202 Special Alcohol Fund 27,000 20,000 - - 7,000 74.07% 203 Special Park & Rec 60,000 59,849 - - 151 99.75% 204 Transient Guest Tax 537,913 407,865 38,610 4,381 125,666 76.64% 221 Risk Management Reserve 30,000 (35,622) - 31,715 33,907 -13.02% 222 Equipment Reserve Fund 691,093 235,208 35,566 13,841 442,044 36.04% 301 Capital Improvement Fund 2,706,001 133,470 877,079 303 I-35 District CIP Fund 212,354 22,641 80,786 401 Bond and Interest Fund 3,220,475 3,220,475 - - - 100.00% 403 TIFB-I35 District 1,292,064 - - 702 Special Law Enforcement-State/Local 18,810 1,096 20,000 703 Property Forfeiture Fund - - - 704 Grant Fund 1,403 - TOTAL $ 24,287,411 $ 25,808,684 $ 2,142,882 $ 1,383,397 $ 2,303,827 Average Expenditure Rate Should Be: 91.67% * Excludes budgeted reserves and contingencies  November 2021 EXPENDITURE SUMMARY BY DEPARTMENT GENERAL FUND - YEAR-TO-DATE 2021 2020 Actual 2021 Annual Year-to-date % of Budget Year-to-date Over/(Under) Department Budget/Est. Actual Used Actual Actual 2020 City Council $ 100,691 $ 67,043 66.58% $ 71,745 $ (4,702) Administration 1,286,151 1,109,901 86.30% 1,107,617 2,284 Municipal Court 386,354 313,904 81.25% 282,453 31,451 Info Services 556,966 464,079 83.32% 384,313 79,767 General Overhead General 496,955 291,566 58.67% 233,832 57,734 Utilities 608,200 547,754 90.06% 209,604 338,150 Property Maintenance 549,784 401,279 72.99% 216,719 184,560 Risk Management 230,000 207,562 90.24% 177,960 29,602 Legal 71,900 28,508 39.65% 37,282 (8,774) Employee Benefits 61,640 25,589 41.51% 20,014 5,575 Fleet Maintenance 296,985 176,817 59.54% n/a n/a Interfund Transfers 2,701,544 5,160,439 191.02% 4,698,643 461,796 Contingency Usage * 25,000 - 0.00% - - Police 4,156,162 3,543,302 85.25% 3,514,704 28,597 Fire 2,910,889 1,771,804 60.87% 1,753,191 18,613 Public Works 2,289,336 1,720,704 75.16% 1,715,907 4,797 Culture & Rec - Parks 52,003 15,767 30.32% 66,665 (50,897) Culture & Rec - Comm Ctr 1,775,571 1,171,933 66.00% 884,842 287,091 Community Dev 800,550 633,136 79.09% 652,781 (19,644) Total General Fund $ 19,356,681 $ 17,651,087 91.19% $ 16,028,271 $ 1,446,000 Average Expenditure Rate Should Be: 91.67% * Excludes budgeted reserves and contingencies INVESTMENT REPORT  Investment Listing by Maturity Date 11/30/2021 Purchase Par Maturity Monthly Fund Type Location Date Amount Date Yield Subtotal 301/901 Treasury MMA TD Ameritrade 09/01/16 $ 33,623 N/A 0.010% $ 33,623 303 AGENCY-FHLB TD Ameritrade 02/18/20 340,000 12/10/21 1.400% 301 AGENCY-FHLB TD Ameritrade 02/18/20 245,000 12/10/21 1.400% 301 AGENCY-FHLB TD Ameritrade 12/16/20 1,000,000 12/16/21 0.092% 301 TBILL Country Club 03/31/21 290,000 12/30/21 0.039% 222 TBILL Country Club 12/23/20 300,000 12/31/21 0.095% $ 2,175,000 301 AGENCY-FFCB TD Ameritrade 04/30/21 500,000 01/12/22 0.055% 301 AGENCY-FHLMC TD Ameritrade 07/28/21 2,000,000 01/13/22 0.046% $ 2,500,000 222/301 TBILL Country Club 08/12/21 650,000 02/10/22 0.047% 301 TBILL Country Club 08/17/21 500,000 02/10/22 0.047% $ 1,150,000 222/301 TBILL Country Club 04/21/21 1,150,000 03/24/22 0.054% $ 1,150,000 301 AGENCY-FFCB TD Ameritrade 04/14/21 250,000 04/13/22 0.120% 301 TBILL TD Ameritrade 04/30/21 750,000 04/15/22 0.050% 901 AGENCY-FFCB TD Ameritrade 02/03/21 1,000,000 04/27/22 0.100% $ 2,000,000 301 AGENCY-FFCB TD Ameritrade 07/28/21 2,000,000 05/16/22 0.066% $ 2,000,000 301 AGENCY-FHLB TD Ameritrade 06/11/21 750,000 06/10/22 0.070% $ 750,000 901 AGENCY-FFCB TD Ameritrade 08/19/21 2,000,000 08/19/22 0.074% $ 2,000,000 901 MUNICPAL BOND TD Ameritrade 02/23/21 290,000 09/01/22 0.220% 901 MUNICPAL BOND TD Ameritrade 02/25/21 530,000 09/01/22 0.230% 901 MUNICPAL BOND TD Ameritrade 03/04/21 500,000 09/01/22 0.370% 901 MUNICPAL BOND TD Ameritrade 03/31/21 185,000 09/01/22 0.270% 901 MUNICPAL BOND TD Ameritrade 03/31/21 260,000 09/01/22 0.245% 901 AGENCY-FFCB TD Ameritrade 06/16/21 1,000,000 09/16/22 0.082% 301 AGENCY-FFCB TD Ameritrade 12/22/20 1,000,000 09/22/22 0.120% $ 3,765,000 301 AGENCY-FHLMC TD Ameritrade 08/13/21 2,500,000 11/23/22 0.078% $ 2,500,000 301 MUNICIPAL BOND TD Ameritrade 05/07/20 235,000 12/01/22 1.050% $ 235,000 901 AGENCY-FFCB TD Ameritrade 01/13/21 500,000 01/13/23 0.160% 301 AGENCY-FFCB TD Ameritrade 07/23/21 1,000,000 01/23/23 0.155% 221 AGENCY-FFCB Country Club 01/30/20 350,000 01/23/23 1.441% 301 AGENCY-FFCB Country Club 01/30/20 150,000 01/23/23 1.441% $ 2,000,000 901 AGENCY-FFCB TD Ameritrade 02/10/21 2,000,000 02/10/23 0.135% $ 2,000,000 301/303 AGENCY-FFCB TD Ameritrade 03/03/21 1,000,000 03/01/23 0.158% 901 AGENCY-FFCB TD Ameritrade 03/10/21 500,000 03/10/23 0.160% 301 AGENCY-FFCB TD Ameritrade 06/23/21 1,000,000 03/23/23 0.180% $ 2,500,000 301 AGENCY-FHLMC TD Ameritrade 06/30/21 750,000 04/20/23 0.197% $ 750,000 301 AGENCY-FFCB TD Ameritrade 08/17/21 2,000,000 05/17/23 0.187% $ 2,000,000 901 AGENCY-FFCB TD Ameritrade 08/26/21 1,500,000 06/26/23 0.207% $ 1,500,000 301 AGENCY-FHLB TD Ameritrade 08/18/21 750,000 08/18/23 0.250% $ 750,000 301 AGENCY-FHLB TD Ameritrade 11/24/21 250,000 11/24/23 0.500% $ 250,000 Weighted Yield 0.175% $ 32,008,623